12 13 KABABAIHANatKAPAYAPAAN KABABAIHANatKAPAYAPAAN March 2014 March 2014
Beyond Age and Gender:
Young Moro Women Lawyers Lead the GPH Legal Team How two young Moro women under 30 guided the GPH panel on the legal issues that clinched the peace agreement. By MA. LOURDES VENERACION-RALLONZA THERE ARE TWO interesting but not surprising facts about women lawyers and their participation in peace negotiations. One is that the feminization of the legal profession by increasing the number of women lawyers and closing the gender gap in the feld has yet to be attained. A 2010 study conducted by Ethan Michelson, found that no country has reached the threshold of increasing the number of women lawyers to 30 percent. Second is that the involvement of women in peace negotiations is notably low. A 2008 study cited by UN Women observed that out of 33 peace negotiations documented, only four percent (or 11 out of 280) were led by women. The study also noted that, on the average, womens participation in government negotiating panels was only at seven percent, but higher than the number of women in delegations of non-state armed groups. Both these realities are being challenged in the Philippines. First, there has been sustained growth in the number of women entering the legal profession. Although gender parity is yet to be attained, the current available data is most positive: there are more women entering law school, about 40 percent of those who pass the bar exams are women, and there are more women lawyers than men working in the academe and civil society organizations. Second, regarding peace negotiations, a very signifcant element of the Government of the Philippines (GPH) team Atty. Johaira Wahab Atty. Anna Tarhata Basman 12 13 KABABAIHANatKAPAYAPAAN KABABAIHANatKAPAYAPAAN March 2014 March 2014 worked with. The exposure provided Johaira with the socio-political context that the panel worked in and an understanding of their concerns and challenges. This gave her the basis for foresight and therefore, suffcient information to defne how the team should be organized and what our primary tasks and priorities should be so that we can be most useful to the panel. As the responsibilities of the legal team crystallized, Johaira was able to defne more clearly the kind of work she needed to do for the panel. Attending panel meetings, she constantly reviewed and evaluated the legal feasibility of the ideas being advanced. Part of my job was to make sure solutions we stand by are the best we can come up with at any given time, and are at the same time, politically and legally feasible. She prepared draft texts for the panel, which she usually had to do from scratch, with no set format. She had to decide on the best format for the frst draft and hoped that this would be appropriate to facilitate productive discussions. She provided panel members with memos to guide them on legal concerns, and gave them outlines of arguments she thought were important to consider. In other words, says Johaira, It was my job to make sure that the panel had all the information necessary and available to guide them in the discussions and decision points that needed to be made. As such, part of her evolving tasks although not so much as head of legal, but more for her being a Moro was to provide the panel with her insights on cultural and religious sensitivities to help clarify some behavior and ease tensions at the table. in the peace talks with the Moro Islamic Liberation Front (MILF) is the involvement of highly competent women as negotiators and as technical support to the panel. Specifcally, the GPHs legal team has been led by two young Moro women lawyers, Atty. Johaira Wahab and Atty. Anna Tarhata Sumande Basman, both of who are under 30 years old. Both women graduated from the University of the Philippines College of Law, both were recruited by the former Chief Negotiator of the GPH Panel and now Associate Justice of the Supreme Court, former law school Dean Marvic Leonen, and both worked as research assistants/ associates at the UP Institute of Human Rights. These women take pride in their Moro identity, and tirelessly work to contribute to peace in Mindanao. Atty. Johaira Wahab Johaira initially enrolled in the INTARMED Program of the UP College of Medicine before she decided to move to UP Diliman to pursue an undergraduate degree in Philosophy as a pre-law course. She entered the UP College of Law in 2005 where, along with her studies, she worked as a research assistant at the UP Institute of Human Rights.
At around this time, she had the opportunity to learn about gender and Islam through a program conducted by the Nisa Ul Haqq Fi Bangsamoro. In 2008, she helped organize a forum on the MOA-AD at the UP College of Law and was invited by Dean Leonen to help prepare a case on behalf of stakeholders to be fled at the Supreme Court. Thereafter, she was invited by Dean Leonen to be a researcher for a consortium of members of the academe from different universities and colleges who wanted to advance the peace process after the failed MOA-AD. It was in this consortium where she worked with Prof. Miriam Coronel- Ferrer, who is now Chair of the GPH Panel. Early in 2010, several months after taking her oath as a lawyer and while working for a private law frm, she received a Facebook message from Dean Leonen informing her that he had been invited to be the Chief Negotiator of the GPH Panel in the negotiations with the MILF and asking her if she would be willing to leave the law frm and head the GPH legal team, in the event that he accepted the post. As Johaira recalls: It was an easy decision for me, considering the subject matter and objectives of the peace process, and the people I would be working with. I knew that I wanted to do it. The diffcult part was to convince people that it would be worth the risk, the effort, time and energy. At that time, people had very little hope, if at all, in the peace process. Taking the helm of the GPH legal team was a serious challenge. As Johaira explains, head of the legal team was not exactly an offcial position in the organizational structure of the GPH panel. It was only a functional element that Chair Leonen wanted to be an integral part of the panel that he would lead. Johaira recalls that she needed to locate and defne the role and place of the legal team in the work of the panel and carve this out based on the objectives of the negotiations, the objectives of the GPH in the negotiations, and the resources that were available. As head of legal, she was invited to sit at and observe meetings of the panel with its principals and constituencies, and had access to most of the documents that the panel members 14 15 KABABAIHANatKAPAYAPAAN KABABAIHANatKAPAYAPAAN March 2014 March 2014 of growth and discernment. Peace requires humility and the ability to lay down our values for continual re-evaluation and assessment. The trouble with the pursuit of peace is that it can only be as simple or as complex as the people involved. Therefore, anyone who wants to be a peace advocate should be comfortable with diffculty and willing to work with questions that might have no ready answers. This is a thankless job: the only reward for the pursuit of peace is the promise of peace. Who knows whether we might ever get there? But most times a promise is more than enough as something to live for. Finally, and most importantly, when you are a peace advocate, remember that its not about you. There is no one person who is indispensable, though we need everyone to make it work. So you can forget everything else that people say about this kind of a job, but just dont forget that last one: its not about you. Atty. Anna Tarhata Sumande Basman Anna Basman graduated from the University of the Philippines in 2007 with a degree in Public Administration. Thereafter, she entered the UP College of Law where, like Johaira, she worked as a research associate at the UP Institute of Human Rights. In August 2010, as Dean Marvic Leonen was forming the legal team that would assist the GPH Panel in the peace talks with the MILF, Anna was recruited as a legal researcher. She worked with the team until February 2012. The following year, after taking the Bar exams, she was asked by Prof. Miriam Coronel-Ferrer (who was already the Chair of the GPH Panel) to re-join the legal team. By this time, the FAB had been signed and Anna understood the criticality discussion became a sensitive, heated almost personal, exchange between the parties. Despite this, gender became part of the Framework Agreement text and is now a benchmark in the history of peace agreements in the country. Johairas experience in providing technical support to the GPH Panel and as head of its legal team helps her greatly in her new role as a member of the Transition Commission (TC). Initially, she felt that, once again, she would need to locate and defne the role of the TC in the peace process and her own role in it. At frst, she found it strange that she no longer had to receive instructions from others or assist them. She is now in a position to make her own decisions on substantive issues, argue her own points and make her own stand. Most notably, she sees the great value of consultation, inclusiveness and the need for transparency in the work of the TC. And, as a commissioner, she puts premium on upholding the integrity of the peace process. To young women who wish to contribute to peace in Mindanao, Johaira says: Peace is not a document or an event that takes place over night or even over decades. It is a social process In detailing her work as head of the legal team, Johaira explains that her tasks were not really determined by any fxed list of things to do, but the need to be resourceful, creative and proactive in assisting the panel in what may be necessary for continuous progress in the substantive aspect of the negotiations. Recalling her most memorable positive experience as part of GPH legal team, Johaira speaks about the evening the text of the Framework Agreement on the Bangsamoro (FAB) was completed: It felt surreal to me. For several months, that document was just a draft document on my screen which we had turned around and over and analyzed in all imaginable ways. While we were aware of its signifcance, when it was completed, it was overwhelming to realize this document is intended to deliver change (for the better) to the lives of so many thousands. That evening, I felt the weight of the enormous promise that those dozen pages contained. She also recalls that one of her most stressful experiences during the negotiations was when gender came into the picture because the Johaira Wahab confers with Lanao del Sur Rep. Pangalian Balindong (left) and North Cotabato Rep. Jesus Sacdalan (right) on the Bangsamoro Transition Commission. 14 15 KABABAIHANatKAPAYAPAAN KABABAIHANatKAPAYAPAAN March 2014 March 2014 the MILF Panel) who are mutually workaholics and emotionally invested in the work that we do, you cant help but share most of your time together. Thus, our combined relationships are defned by light (when we share personal stories, snacks, and jokes), diffcult (when sensitive matters are under discussion and everybody is just tired from the ongoing talks), and high moments (when the Panels agree on diffcult issues and we egg the ICG members to treat us all to ice cream). Undeniably, Anna gets genuine satisfaction when her legal team is able to assist the panel with the necessary preparations for the negotiations. To young women who want to contribute to peace in Mindanao, Anna says: This is the perfect moment to fnd your place in the wide-open spaces of the peace process. Everyone is welcome, encouraged even, to look for ways and means to support this noble endeavor. Roles have long been demolished and lines have long been blurred. It has become imperative for everyone man, woman, and child to fnd their niche in the peace process and contribute to attaining lasting peace in Mindanao. The generations to come deserve no less. of the subsequent months of the negotiations. At the same time, she also knew that Atty. Johaira Wahab would be appointed as a member of the Transition Commission and the GPH Panel urgently needed someone who was familiar with the process. The decision to join the legal team at this stage of the negotiation was not a diffcult one. For a Moro like herself, Anna says, It is more of an honor and privilege than a job to be part of this process. In explaining the role of the legal team, Anna focused primarily on providing technical assistance to the GPH panel and coming up with the governments positions in the negotiations. To a large extent, before a scheduled round of talks with the MILF, the legal team discussed and negotiated with lawyers and technical personnel in all relevant government agencies to frm up the GPH Panels position. During negotiations, they formed special teams to discuss diffcult and more technical concerns with their counterparts in the MILF. More recently, the legal team also assisted the panel in explaining to various stakeholders, the content of the negotiated documents. Currently, they are communicating with the legal and technical staff of Congress to assist them and their principals in understanding the FAB and its Annexes.
Annas transition to the head of the GPH legal team was quick and left her little time to prepare. It was in the middle of the negotiations for the remaining three Annexes and the transition was only for a short period (about 1-2 weeks). There was not much time for a regular learning curve as everything was happening all at the same time. The Panel was already scheduled to have regular discussions with the Cabinet to vet the Annexes on Wealth and Power Sharing, there was an upcoming round of talks in KL, the Transition Commission was just formed, etc. This meant a lot had to be done on the technical aspect of the process a lot of briefng papers, presentations and meetings. Hence, my frst few nights back with the Panel were spent familiarizing myself with the many documents, getting updates on the negotiations, and getting acquainted with the people and the processes involved. She learned quickly, on the job, that she fnds particularly challenging. Foremost, she has to have some degree of expertise on the different areas and topics of all the signed agreements. Secondly, she needs to communicate the content of these agreements to various stakeholders and audiences. For Anna, striking the proper balance in conveying the message is a constant challenge and a continuing opportunity to develop the best way to do this. When asked about her most memorable experience as head of the legal team, Anna explains that the negotiations have been a collection of memorable moments. She narrates: When you have bosses (in the GPH Panel) and their counterparts (in Anna Tarhata Basman to young women: Find your niche in the peace process.